For clarity, the Parties acknowledge that the three (3) Tekmira Development Targets shall be in addition to the PLK Target and the three Protiva Development Targets that are among the subjects of the Protiva License Agreement.
BK Adjusted EBITDA and PLK Adjusted EBITDA are our measures of segment profitability.
The costs of the arbitration shall be borne equally by PLK and Diversified, but each Party shall bear its own attorneys' fees.
No less frequently than on an annual basis, Diversified agrees that, within a reasonable period of time after it receives annual copies of third-party food safety audit reports generated by its third-party auditors of its facilities, it shall provide to PLK a copy of such food safety audit reports.
PLK represents and warrants as of the Effective Date that (i) PLK does not foresee any major changes in PLK's and its Franchisees' requirements for the Core Products in the foreseeable future; (ii) PLK does not know of any laws or regulations in any jurisdiction in the Domestic Markets with which the Core Products are not compliant; and (iii) PLK has no plans to permit the Franchisees to remove any of the Core Products from their menus in the foreseeable future.